Swimming across the Detroit River in the middle of the night may not have been the smartest thing Sam Smolders ever did.

But the Belgian native was desperate, said his lawyer. He was trying to get back home.

Smolders, 24, who was brought to the U.S. at age 5 by his mother, is in the fight of his life, trying to persuade American authorities that he should be allowed to live here. He was deported at 18 after government officials learned his immigration documents were never filed properly, and has been fighting ever since for the right to live here.

Had he made it across without being caught, he likely would have been scot-free considering that ICE is under orders to ignore non-criminal illegals (never mind that illegal immigration is itself a crime). Then again, that order may only apply to ignoring Hispanics so he may have been SOL regardless.

Next time Smolders, think "Green Card lottery", or perhaps a rebreather.